HomeMy WebLinkAboutORD 1992-021 ���. CITY OF GRAPEVINE, TEXAS
ORDINANCE NO. 92-21
"� AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GRAPEVINE, TEXAS, CANVASSING THE RETURNS
OF AN ELECTION HELD ON �MAY 2, 1992, RELATING
TO AMENDMENTS TO THE GRAPEVINE CITY CHARTER;
DECLARING THE RESULTS OF THE ELECTION ON
EACH OF THE FOURTEEN (14) PROPOSITIONS;
DIRECTING THE CITY SECRETARY TO CERTIFY TO
THE SECRETARY OF STATE OF THE STATE OF TEXAS
AN AUTHENTICATED COPY UNDER THE SEAL OF THE
CITY SHOWING APPROVAL OF THE QUALIFIED
VOTERS OF THE CITY ALL OF SAID AMENDMENTS TO
THE CHARTER AND DIRECTING FURTHER THAT THE
CITY SECRETARY RECORD SAID AMENDMENTS TO THE
CITY CHARTER UPON THE RECORDS OF THE CITY
AND DECLARING AN EMERGENCY.
WHEREAS, pursuant to the City Charter and Article 1170,
Teg. Rev. Civ. Stat . Ann. , the City Council passed Resolution
No . 92-07 calling an election for May 2, 1992 to present to the
legally qualified voters of the City of Grapevine, Tarrant
County, Texas, fourteen (14) proposed amendments to the
� �� Grapevine City Charter; and
WHEREAS, the election was duly called, all legal notices
`�°'� given and the election was conducted in accordance with
� applicable law.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF GRAPEVINE, TEXAS:
Section 1. After egamining the returns from the
election and opening and canvassing the votes cast in said
election, the results of said election are as follows :
PROPOSITION NO. 1
Shall Article 1, Sections 1 . 02, 1. 03 and 1. 04 be amended
to reflect that the City is located in three (3) counties and
that the extension and contraction of the City' s boundaries
shall be governed by the annegation provisions of the Texas
Local Government Code?
Vote Yes 629
Vote No 60
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PROPOSITION NO. 2
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Shall Article 3, Sections 3 . 02, 3 .06 and 3 . 13 be amended
to comply with the Tegas Constitution and current case law
relative to qualifications for City Council membership and the
�`"" filling of vacancies on the City Council?
Vote Yes 650
Vote No 46
PROPOSITION N0. 3
Shall Article 3 Section 3 . 11 be amended to delete the
requirement to read the captions of ordinances?
Vote Yes 474
Vote No 191
PROPOSITION N0. 4
Shall Article 4, Section 4 . 04 be amended to reflect that
the Grapevine Municipal Court is a Court of Record?
Vote Yes 660 �
� Vote No 48
`� " PROPOSITION NO. 5
Shall Article 5, Sections 5 . 01, 5 . 03 , 5 . 05 and 5 . 08
dealing with elections and the oath of office be amended to
comply with the Tezas Election Code and the Texas Constitution?
Vote Yes 663
Vote No 34
PROPOSITION NO. 6
Shall Article 6, Sections 6 .01 and 6 . 02 dealing with
recall elections and Article 7, Section 7.02 dealing with
initiative be amended to comply with the Tegas Election Code?
Vote Yes 637
Vote No 43
PROPOSITION NO. 7
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Shall Article 8, Section 8 . 01 dealing with the platting
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of property be amended to comply with Texas Local Government
,� _. Code?
Vote Yes 609
Vote No 60
�,,,�.
PROPOSITION 8
Shall Article 9 Section 9 . 11 be amended to delete the
requirement for filing this budget with the County Clerk of
Tarrant, Texas and the State Comptroller of Public Accounts in
Austin and require that the budget be filed in the Grapevine
Public Library and made available to the public?
Vote Yes 575
Vote No 121
PROPOSITION NO. 9
Shall Article 9 Section 9 . 14 be amended to delete the
finding of an emergency to eapend contingent appropriations and
in lieu thereof to require a 3/4 vote of the City Council
present at the meeting?
, Vote Yes 458
Vote No 214
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PROPOSITION N0. 10
Shall Article 9 Section 9 . 15 be amended to require that
classifications of revenues and egpenditures be to a national
classification adopted by a nationally accepted accounting
organization?
Vote Yes 529
Vote No 81
PROPOSITION NO. 11
Shall Article 9 dealing with tagation Section 9 . 19 be
amended and Sections 9 .20, 9 .21, 9 .22 and 9 .23 be deleted in
order to comply with the Teaas Taz Code?
Vote Yes 530
Vote No 70
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PROPOSITION NO. 12
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Shall Article 9, Section 9 . 26 relating to the issuance of
bonds be amended to comply with current state law dealing with
� bonds and securities?
Vote Yes 577
Vote No 39
PROPOSITION NO. 13
Shall Article 10, Section 10 . 01 dealing with franchises
be amended to comply with the Public Utility Regulatory Act?
Vote Yes 544
Vote No 59
PROPOSITION NO. 14
Shall Article 11 be amended by amending Section 11. 01
relative to publicity of records and Section 11. 06 relative to
claims be amended by changing the time limit of filing of
claims from thirty (30) days to siz (6) months all in
compliance with state law?
Vote Yes 544
� .
Vote No 71
Section 2. The Council does hereby find and declare
that all fourteen (14) propositions passed and carried and the
Grapevine City Charter is hereby amended to read as follows :
A. That Section 1. 02 of the City Charter is hereby
amended to read as follows :
Section 1. 02 The Boundaries :
The Inhabitants of the City of Grapevine, located in
Tarrant County, Dallas County and Denton County, Texas,
residing within its Corporate Limits, as heretofore or
hereafter Established, are hereby Constituted and shall
continue to BE a MUNICIPAL BODY POLITIC AND CORPORATE, in
perpetuity, under the name of the "City of Grapevine"
with such Powers, Privileges, Rights, Duties,
Authorities, and Immunities, as are herein provided.
B. That Sections 1.03 and 1. 04 of the City Charter
are hereby amended to read as follows :
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Section 1. 03 Extension and Contraction of Boundaries :
�.k�
The City may annex and disannea property by following the
procedure and requirements of State law contained in the
Texas Local Government Code and other applicable State
"`�" statutes, as may be from time to time amended.
C. That Section 3 . 02 of the City Charter is hereby
amended to read as follows :
Section 3 . 02 Qualifications :
Each member of the City Council shall be a resident
citizen of the City of Grapevine, shall be a qualified
voter of the State of Tezas, shall have been such
resident citizen of the City of Grapevine for a period of
not less than sia (6) months immediately preceding his
election, and shall not be indebted to the City of
Grapevine. If the Mayor or any councilman fails to
maintain the foregoing qualifications, or shall be absent
from three consecutive regularly scheduled meetings
without valid egcuse, the City Council shall have the
power and authority to declare, and may, at its negt
regular meeting, declare a vacancy to ezist; and, in such
event, shall fill said vacancy, as set forth in Section
3 . 06 of this Charter. If any member of the City Council
, announces his/her candidacy, or shall become in fact a
candidate in any general, special or primary election for
any office of profit or trust under the laws of this
� � State or the United States other than the office then
held, at any time when the unexpired term of the office
then held shall ezceed one (1) year, such announcement or
such candidacy shall constitute an automatic resignation
of the office then held. (Required by Teg. Const. Art.
11, Section 11) .
D. That Section 3 . 06 of the City Charter is hereby
amended to read as follows :
Section 3 . 06 Elections to Fill Vacancies :
Any vacancy or vacancies occurring shall be filled by a
majority vote of the qualified voters at a special
election called for such purpose within one hundred and
twenty (120) days after such vacancy occurs (Required by
Tex. Const. Art. 11, Section 11) .
E. That Section 3 . 11 of the City Charter is hereby
amended to read as follows :
�,,, Section 3 . 11 Procedure for passage of ordinances .
(a) The City Council shall legislate by ordinance, and
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the enacting clause of every ordinance shall be, "Be it
,,�,, Ordained by the City Council of the City of Grapevine,
Texas : " The City Attorney shall approve all Ordinances
adopted by the Council, as to the legality thereof, or
shall file with the City Secretary his written legal
`�� objections thereto. Evidence of approval of an ordinance
by the City Attorney may be by notation on the ordinance
itself, or by separate paper or instrument. Every
ordinance enacted by the Council shall be signed by the
Mayor, Mayor Pro Tem, or by two (2) Councilmen, and shall
be filed with and recorded by the City Secretary. Except
as otherwise herein specially provided, the descriptive
caption of all ordinances shall be read in open meeting
of the Council on two (2) several days; provided,
however, that upon the request of any one (1) member of
the Council, the ordinance shall be read in its entirety
on either the first reading or second reading of the
ordinance. All ordinances, unless otherwise provided by
law or by the terms of such ordinance, shall take effect
immediately upon final passage thereof . However, the
requirement for reading ordinances on two (2) several
days and the reading of the descriptive caption may be
dispensed with where an ordinance relating to the
immediate preservation of the public peace, health, or
public welfare is adopted by the favorable vote of
three-fourths (3/4) of the members of the Council
� present, and contains a statement of the nature of the
emergency.
� � F. That Section 3 . 13 of the City Charter is hereby
amended to read as follows :
Section 3 . 13 Investigation by the City Council:
The City Council shall have power to inquire into the
conduct of any office, department, agency, officer or
employee of the City and to make investigations as to
municipal affairs, and for that purpose may subpoena
witnesses, administer oaths, and compel the production of
books, papers and other evidence. Failure to obey such
subpoena, or to produce books, papers or other evidence
as ordered under the provisions of this Section shall
constitute a misdemeanor and shall be punishable by a
fine established by City Ordinance.
G. That Section 4 . 04 of the City Charter is hereby
amended to read as follows :
Section 4 . 04 Municipal court.
,,�,. Grapevine Municipal Court of Record No. 1
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The Grapevine Municipal Court of Record No. 1 was
�,„:� authorized by an Act of the Tezas Legislature passed
during the Regular Session 1991 S.B. 298 . The Court
shall henceforth be the Grapevine Municipal Court of
Record No . 1, the election and tenure of the Judge, the
��'" appointment of the alternate Judges and the Court Clerk
and all other matters shall be governed by S.B. 298 and
all applicable ordinances and resolutions approved by the
City Council .
H. That Section 5 . 01 of the City Charter is hereby
amended to read as follows :
Section 5 . 01 Elections :
The regular City election shall be held annually on the
uniform election date in May of each year as set by State
law, at which time officers shall be elected to fill
those offices which become vacant that year. The City
Council shall fig the hours and place for holding such
election in accordance with State law.
All notices and publication requirements shall comply
with State law.
I . That Section 5 . 03 of the City Charter is hereby
amended to read as follows :
Section 5 . 03 Filing for office.
� .
Any person having the qualifications set forth for
Councilman under Section 3 . 02 of this Charter shall have
the right to file an application to have his/her name
placed on the official ballot as a candidate for any
elective office and such application shall be in writing
filed timely with the City Secretary and in compliance
with the Tezas Election Code, particularly Sections
141. 03 , 143 . 005 and 143 . 007 as from time to time amended.
J. That Section 5 . 05 of the City Charter is hereby
amended to read as follows :
Section 5 . 05 Election by Majority:
At any regular or special Municipal election, the
candidates in each place on the ballot including the
candidate for Mayor, who shall have received the majority
of the total number of votes cast in such election for
such place (including the candidate for Mayor who has
received a majority of the total number of votes for such
�„ office) shall be declared elected. In the event no
candidate receives a majority of the total votes cast,
the Council shall cause to be held a runoff election
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between the two candidates receiving the most votes at an
�,,.� election called by the City Council to be held not
earlier than the 20th day or later later than the 30th
day after the date the final canvass of the main election
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is completed.
K. That Section 5 . 08 of the City Charter is hereby
amended to read as follows:
Section 5 . 08 Oath of Office: In compliance with Tegas
Const . Article 16, Section 1:
A) Every elected or appointed officer of the City before
they enter upon the duties of their offices take the
following oath or affirmation:
I, , do solemnly swear (or affirm) ,
that I will faithfully ezecute the duties of the office
of of the City of Grapevine, Texas, and
will to the best of my ability preserve, protect and
defend the Constitution and laws of the United States and
of this State, so help me God.
B) Every elected officer before taking the oath or
affirmation of office prescribed above and entering upon
the duties of the office shall subscribe to the following
, statement:
I, , do solemnly swear (or affirm)
� ° that I have not directly or indirectly paid, offered,
promised to pay, contributed, or promised to contribute
any money or thing of value, or promised any public
office or employment for the giving or withholding of a
vote at the election at which I was elected so help me
God.
C) Every appointed officer before taking the oath or
affirmation of office prescribed above and entering upon
the duties of the office shall subscribe to the following
statement:
I, , do solemnly swear (or affirm)
that I have not directly or indirectly paid, offered, or
promised to pay, contributed, or promised to contribute
any money, or valuable thing, or promised any public
office or employment, as a reward to secure my
appointment or confirmation thereof, so help me God.
L. That Section 6 . 01 of the City Charter is hereby
amended to read as follows :
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Section 6 . 01 Scope of recall
�
All elected city officials shall be subject to recall and
removal from office by the qualified voters of the city
on grounds of incompetency, misconduct, or malfeasance in
'�"' office.
M. That Section 6 . 02 of the City Charter is hereby
amended to read as follows :
Section 6 . 02 Petitions for Recall :
Before the question of recall of such officer shall be
submitted to the qualified voters of the city, a petition
demanding such question to be so submitted shall first be
filed with the person performing the duties of City
Secretary; which said petition shall be signed by
qualified voters of the city equal in number to at least
forty (40) per cent of the number of votes cast at the
last regular municipal election of the city, but in no
event less than two hundred fifty (250) such
petitioners . Each signer of such recall petition shall
personally sign his/her name and each petition shall
contain all information required by Section 277 . 002 of
the Tezas Election Code, including the signer ' s printed
name, voter registration number, County of registration,
,� ,. residence address, and date of signing.
N. That Section 7.02 of the City Charter is hereby
� - amended to read as follows :
Section 7. 02 Initiative:
The people of the City of Grapevine reserve the power of
direct legislation by initiative, and in eaercise of such
power may propose any ordinance egcept: (1) ordinances
appropriating money or levying taxes, and (2) ordinances
repealing ordinances appropriating money or levying
tages, not in conflict with this charter, the state
constitution or state laws . Any initiated ordinance may,
subject to the above, be submitted by the qualified
voters of the City of Grapevine, by submitting a petition
addressed to the City Council which requests the
submission of a proposed ordinance or resolution to a
vote of the qualified voters of the city. Said petition
must be signed by qualified voters of the city equal in
number to forty (40) per cent of the number of votes cast
at the last regular municipal election of the city, or
two hundred fifty (250) , whichever is greater, and each
copy of the petition shall have attached to it a copy of
�,,,,,, the proposed legislation. The petition shall be signed
in the same manner as recall petitions are signed, as
provided in section 6 . 02 of this charter, and shall be
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verified by oath in the manner and form provided for
�, recall petitions in section 6 . 03 of this charter . The
petition may consist of one or more copies, as permitted
for "recall petitions" in section 6 . 04 of this charter.
;� Such petition shall be filed with the person performing
the duties of City Secretary. Within five (5) days after
filing of such petition, the person performing the duties
of City Secretary shall present said petition and
proposed ordinance or resolution to the City Council.
Upon presentation to it of the petition and draft of the
proposed ordinance or resolution, it shall become the
duty of the City Council, within ten (10) days after the
receipt thereof, to pass and adopt such ordinance or
resolution without alteration as to meaning or effect in
the opinion of the persons filing the petition, or to
call a special election, to be held within thirty (30)
days thereafter at the next uniform election date
authorized under the Tezas Election Code, Section 41. 001,
at which the qualified voters of the City of Grapevine
shall vote on the question of adopting or rejecting the
proposed legislation. However, if any other municipal
election is to be held within sigty (60) days after the
filing of the petition, the question may be voted on at
such election.
O. That Section 8 . 01 of the City Charter is hereby
amended to read as follows :
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Section 8 . 01 Platting of Property:
(a) Hereafter, every owner of any tract of land situated
within the corporate limits of the City of Grapevine,
Tegas, who may divide the same in two (2) or more parts
for the purpose of laying out any subdivision or any
addition to the City, shall comply with the provisions of
Article 974a of the Revised Civil Statutes of the State
of Teaas of 1925, as now or hereafter amended, and said
Article 974a as now or hereafter amended, is hereby
adopted and incorporated herein for all purposes .
(b) The provision of Section 8 . 01(a) shall apply
similarly to the owner of any tract of land situated
within the City' s extraterritorial jurisdiction of the
City in accordance with Section 242 . 001 of the Tegas
Local Government Code.
P. That Section 9 . 11 of the City Charter is hereby
amended to read as follows:
Section 9 . 11 Effective date of budget; certification;
,�• copies made available
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Upon final adoption, the budget shall be in effect for
the fiscal year. A copy of the budget, as finally
adopted, shall be filed with the person performing the
duties of City Secretary, and in the Grapevine Public
Library to be made available for review by the public.
�' The final bud et shall be
g printed, mimeographed or
otherwise reproduced and copies shall be made available
for the use of all offices, departments, and agencies and
for the use of interested persons and civic organizations .
Q. That Section 9 . 14 of the City Charter is hereby
amended to read as follows :
Section 9 . 14 Contingent appropriation
Provision shall be made in the annual budget and in the
appropriation ordinance for a contingent appropriation in
an amount not more than three (3) per centum of the total
budget, to be used in case of unforeseen items of
ezpenditure. Such contingent appropriation shall be
under the control of the City Manager and distributed by
him, after approval of the City Council . The City
Council ' s approval of ezpenditures shall be by the
favorable vote of 3/4 of the members of the City Council
present.
� R. That Section 9 . 15 of the City Charter is hereby
amended to read as follows :
� ° Section 9 . 15 Estimated egpenditures shall not ezceed
estimated resources .
The total estimated egpenditures of the general fund and
debt service funds shall not ezceed the total estimated
resources of each fund (prospective income, plus cash on
hand) . The classification of revenue and egpenditure
accounts shall conform as nearly as local conditions will
permit to the uniform classification as promulgated by a
nationally accepted accounting organization that adopts
nationally accepted classifications .
S. That Section 9 . 19 of the City Charter is hereby
amended to read as follows :
Section 9 . 19 Property Subject to Tag: Method of
Assessment:
All real and personal property located in the City on
January 1 of each year is tazable by the City unless
ezempt by law.
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T. That Section 9 . 26 of the City Charter is hereby
��� amended to read as follows :
Section 9 .26 Issuance of bonds
`�' A) Power to Issue. In keeping with the Constitution of
the State of Tegas, and not contrary thereto, the City of
Grapevine, shall have the right to issue all tax bonds,
revenue bonds, funding and refunding bonds, time warrants
and other evidences of indebtedness as now authorized or
as may hereafter be authorized to be issued by cities and
towns by the general laws of the State of Tegas .
B) Manner of Issuance. Bonds and warrants of the City
of Grapevine shall be issued in the manner provided by
the general laws of the State of Tezas applicable to
cities and towns .
U. That Section 10 . 01 of the City Charter is amended
to read as follows :
Section 10 . 01 Powers of the city
In addition to the city' s power, right and authority to
buy, construct, lease, maintain, operate and regulate
public utilities, and to manufacture, distribute and sell
� - the output of such utilities ' operations, the city shall
have all further rights, authorities, and powers as may
now, or hereafter, be granted under the constitution and
` � laws of the State of Tezas . Notwithstanding anything to
the contrary in this Article 10 dealing with the
regulation of franchises and public utilities, the Public
Utility Regulatory Act of Tezas, as from time to time
amended shall control where applicable.
V. That Section 11. 01 of the City Charter is hereby
amended to read as follows :
Section 11. 01 Publicity of Records :
All records and accounts of every office, department, or
agent of the city shall be open to inspection by any
citizen or by any representative of the press at all
reasonable times and under such reasonable regulations as
may be established by the City Council or the Mayor,
ezcept records and documents, the disclosure of which
would tend to defeat the lawful purpose which they are
intended to accomplish, all of which records are governed
by the Tegas Open Records Act.
„� W. That Section 11. 06 of the City Charter is hereby
amended to read as follows :
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Section 11. 06 Special provisions covering damage suits,
�,,, e t c.
(aj The City of Grapevine, Tegas, shall never be liable
for any personal injury, whether resulting in death or
�""'' not, unless the person injured, or someone in his behalf,
or, in the event the injury results in death, the person
or persons who may have a cause of action under the law
by reason of such death injury, shall file a notice in
writing with the City Manager or City Secretary within
sig (6� months after the occurrence of such injury,
stating specifically in such notice, when, where, and how
the exact injury occurred and the full egtent thereof
together with the amount of damage claimed or asserted.
The City of Grapevine, Texas, shall never be liable for
any claim for damage or injury to personal property
unless the person whose personal property has been
injured or damaged, or someone in his behalf, shall file
a claim in writing with the City Manager or the City
Secretary within siz (6) months after said damage or
injury has occurred, stating specifically when, where,
and how the injury or damage occurred and the full egtent
thereof, and the amount of damage sustained.
(b) The City of Grapevine, Tezas, shall never be liable
for any claim for damage or injury to real property
,� � caused by the negligent act or omission of its officers,
servants, agents or employees, unless the person whose
real property has been injured or damaged, or someone in
�~� his behalf shall file a claim in writing with the City
Manager or City Secretary within six (6) months after
said damage or injury has occurred, stating specifically
when, where and how the injury or damage occurred, and
the amount of damage claimed. The City of Grapevine,
Tegas, shall never be liable on account of any damage or
injury to person or to personal property arising from or
occasioned by any defect in any public street, highway,
alley, grounds or public work of the City of Grapevine,
Tegas, unless the specific defect causing the damage or
injury shall have been actually known to the City Manager
at least twenty-four (24) hours prior to the occurrence
of the injury or damage, or unless the attention of the
City Manager or City Secretary shall have been called
thereto by a notice thereof in writing at least
twenty-four (24) hours prior to the occurrence of the
injury or damage, and proper diligence has not been
ezercised to rectify the defect. The notice herein
required to be given to the City Manager or City
Secretary of the specific defect causing the damage or
injury shall apply where the defect arose from any
� omission of the city itself, through its agents,
servants, or employees, or acts of third parties .
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No provision of this section shall ever be so construed
� as to egpand the ordinary liability of the city; and
provided, that nothing herein contained shall be
construed to mean that the City of Grapevine, Texas,
waives any rights, privileges, defenses or immunities in
"� tort actions which are provided under the common law, the
constitution, and general laws of the State of Texas .
Section 3. The City Secretary is hereby directed to
certify to the Secretary of State of the State of Texas an
authenticated copy under the seal of the City of Grapevine
showing the approval by the qualified voters of the City of all
fourteen (14) amendments to the City Charter. The City
Secretary is further directed to record the City Charter . The
City Secretary is further directed to record said amendments to
the City Charter upon the records of the City.
Section 4. The City Council does hereby find that our
urgent public necessity egists relating to the immediate
preservation of the public peace, health and welfare that
requires the immediate passage of this Ordinance and the
dispensement of the requirement of two (2) readings of this
Ordinance.
Section 5. Emergency - The fact that no present
ordinances of the City of Grapevine relate to amendments to the
Grapevine City Charter, creates an urgency and an emergency and
in the preservation of the public health, safety and welfare
requires that this Ordinance shall take effect immediately from
�u and after its passage and the publication of the caption as the
law and charter in such cases provides .
PASSED AND APPROVED by the City Council of the City of
Grapevine, Tezas this the 5th day of May , 1992 .
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Mayor, City of Grapevine, Texas
ATTEST:
a�
Cit Secret ry,
City of Grapevine, Tegas
[SEAL]
APPROVED AS TO FORM:
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City Attorney,
`'��" City of Grapevine, Texas
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